Rule on Rulemaking
The Rule on Rulemaking was adopted by the Office of the Secretary of State for the effective administration of 3 V.S.A. Chapter 25. Please note that the text below has been altered slightly for web presentation. Appendix A (containing the forms) has been removed, the forms are available for download in Microsoft Word format here: FORMS.
The adopted rule filing is also available in PDF format at http://vermont-archives. org/aparules/ruleonrulemaking03-023.pdf.
Effective: August 8, 2003
Section 1. Introduction
This rule is required by 3 V.S.A. § 847(e) for the effective administration of Chapter 25 of Title 3. It applies to every agency of state government adopting rules under the Vermont Administrative Procedures Act (APA). For a fuller understanding of the rulemaking process, consult 3 V.S.A. § 801 - 849 and the rules of procedure of the Legislative Committee on Administrative Rules (LCAR).
Section 2. Filings.
The APA requires agencies to make filings of every new, amended, or repealed rule at least four times during the rule making process. The first filing is the Prefiling with ICAR. This begins the rulemaking process. The second filing is the Proposed Rule with the secretary of state. This begins the notice and public comment period. The third filing is the Final Proposed Rule, which is filed with the secretary of state and LCAR. This signals the end of the notice and public comment period. After LCAR review, the fourth and last filing is the Adopted Rule (filed with both the secretary of state and LCAR), which marks the beginning of the minimum 15 day period required by statue [3 V.S.A. § 845(d)] for the effective date of the rule.
For the purpose of the Rule on Rulemaking, the filing of any new rule, or an amendment, or repeal of an existing rule shall be described as a rule. In each case, agencies must use the forms provided by the secretary of state for that purpose. Each form must be submitted to the secretary of state, with original signatures. These forms (see Appendix A) are available for download from the Secretary of State's website. Due to compatibility issues please use the forms in the format in which they are provided. Forms that have been altered will not be accepted by the Secretary of State. The forms include:
1. Proposed Rule: Cover Sheet, form #PCS-01, which provides information for the required advertisements in the newspapers of record.
2. Final Proposal: Cover Sheet, form #FPCS-02, which delineates any changes from the proposed rule.
3. Adopted Rule: cover Sheet, form #ACS-03, which declares that the rule has been reviewed by LCAR and has been assigned an effective date.
4. Economic Impact Statement, form #EIS-01, which explains the expected economic impact of the rule if it is adopted.
5. Scientific Information Statement, form #SIS-02, which identifies the scientific information upon which the rule has been based and which explains the procedure of obtaining such studies and underlying research data from the agency.
6. Public Input Statement, form #PIM-01, which outlines the agency's plan to maximize public input.
7. Incorporation by Reference Statement, form #IBR-01, which explains the material to be incorporated, where it can be obtained and at what cost.
8. Emergency Rule: Cover Sheet, form #ECS-01, which replaces the Proposed Rule Coversheet for Emergency Rules.
9. Adopting Page, form #AP3-00, which provides information about whether the rule is a new rule, an amendment or a repeal of an existing rule and; if so, what those existing rules are.
If the secretary of state finds that the filings are sufficient, according to statutory requirements found in 3 V.S.A. §§ 839, 841, and 843 (Emergency rules are covered in 3 V.S.A. § 844), the rule is stamped with the date and filed. If the filings are inadequate, the secretary of state will contact the agency immediately; but in no event will notification exceed 3 working days from receipt. Material in addition to the forms must be submitted on 8 1/2" by 11" paper.
In addition to the appropriate forms, an agency must also file the text of the proposed or adopted rule and an annotated text showing changes from existing rules. To satisfy the requirement for an annotated text, an agency must submit the entire rule in annotated form with deletions struck through or bracketed and new language underlined with the filings of proposed rules and final proposed rules. Filing a paragraph or page of a larger rule is not sufficient and a complete copy is required. If possible, use the appropriate page or pages of the Code of Vermont Rules, as a basis for the annotated version. A new proposed rule need not be accompanied by an annotated text.
To the extent that a rule depends on scientific information for its validity, it shall include a brief summary of that information including reference to any scientific studies upon which the proposed rule is based, and shall explain the procedure for obtaining such studies and underlying research data from the agency.
Whenever an agency intends to adopt rules by incorporation by reference, a copy of all the rules so adopted must be filed with the appropriate forms when the rule is first filed in its proposed form. If the incorporation by reference materials are not amended or changed before the filing of the final proposed rule or the filing of the adopted rule and the agency so certifies this fact to the Secretary of State, no additional filing of incorporated materials is required.
All filings with the secretary of state shall arrive no later than 3:30 p.m. on Friday. This allows for processing of the rule by secretary of state staff. When filing multiple rules please allow extra time for processing.
Section 3. Publication and Public Notice.
Completed filing of proposed rules received by Friday at 3:30 p.m. will be published 13 and 20 days after that day, in the various daily and weekly newspapers of record.
Both notices include summary information about the proposed rule, the date, time and place of any hearings and the deadline for receiving comments. Occasionally, this information must be changed as a result of later events. When the agency learns of the need for a new hearing date or for an extension of the public comment period, the agency must arrange for publication of notice of this new information by mailing individual notice to each person who has contacted the agency about the rule and to the newspapers of record.
When no public hearing has been called or set in the first advertisement, an agency shall set a deadline for public comment no less than two full weeks following the publication of the second advertisement. If an agency then receives a petition for a public hearing, or decides to hold a hearing on its own initiative, the deadline for public comment shall be reestablished on a date no less than seven days following the last public hearing.
The secretary of state will compute the estimated cost of each agency's prorated share of expenses by allocating an equal share of the total cost of the appropriate week's advertising to each participating agency. Should an advertisement exceed the expected charge, the secretary of state shall re-bill agencies for the balance of the charge.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
